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Hurdles of Winning a Breach of Fiduciary Duty Claim in New York


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1/1/2016
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Bringing a breach of fiduciary duty claim in New York is far from simple. Several elements must be demonstrated from the start. If not, the case will be over before it even begins. If you believe that you have a claim for breach of fiduciary duty, contact an experienced New York business litigation attorney for guidance.

A recent example that highlights the difficulties of such a claim was filed in New York. On January 11, a New York judge ruled that a breach of fiduciary duty claim brought by a man against attorneys representing his father would go forward, despite the attorneys’ attempt to have the case dismissed. The man, real estate developer Eric Hadar, alleged that the lawyers, along with his father’s accountant, brought several frivolous lawsuits against him on behalf of his father. He claims that the lawsuits were brought in an attempt to ruin his name and give his father control over his real estate holdings. 

What obstacles will the plaintiff in this breach of fiduciary duty claim face? The following is a brief overview:

  1. Proving that a fiduciary relationship existed between Hadar and his father’s attorneys.
  2. Demonstrating that the attorneys breached that duty.
  3. Clearly showing that Hadar suffered damages directly caused by the breach.
  4. Providing detailed evidence to show how the duty was breached and how it caused the damages. General allegations alone will not suffice.

Attempting to tackle a breach of fiduciary duty action without a qualified legal professional in your corner greatly reduces your chances of achieving a successful outcome. For more information about bringing a claim in New York, contact an experienced New York breach of fiduciary duty attorney today. Call our office at (888) 497-3410 for a free consultation.



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